Scott was a lecturer at the University of Brighton. He was
a member of NATFHE trades union (now known as UCU).
In July 2003 he was assisting his students who were mounting
displays of their work in various public parts of the university
campus.
One student required some work to be mounted on the
wall. Scott obtained an “A-frame” ladder that was
available for this purpose. He leant it against the wall
without first opening the ladder.
When he climbed up the ladder it slipped and fell, trapping
Scott's arm causing it to break. Scott sought advice from his
trades union who recommended that he contact Field Fisher
Waterhouse.
In August 2003, Scott instructed Andrew Morgan to make a claim against his
employer. Examination of the ladder revealed that one of the rubber
feet was missing.
Andrew alleged that this caused the accident and amounted to a
defect in “work equipment” so that there was a breach of the
Provision and Use of Work Equipment Regulations.
The defendants replied that the absence of a rubber foot was not
the cause of the accident, but instead it was Scott's misuse of the
equipment that caused the accident.
In addition, they said that since Scott was the Head of his
Department he was responsible for preparing the risk assessments
and for managing health and safety risks in his department so that,
in effect, he was responsible for his own misfortune.
The defendants disclosed many pages of documentation setting out
the written procedures for undertaking risk assessments at the
university.
The university pointed out that instructions were fitted
direct to the ladder saying in clear terms that the ladder must be
fully opened before use. As a result, they denied liability.
On Andrew Morgan’s advice, Scott made a Part 36 Offer to settle
the question of liability by making a substantial concession for
his own “contributory negligence”. However, the employer continued
to deny liability.
Andrew obtained the necessary medical evidence and issued and
served court proceedings. At that point, the employer conceded
primary liability and accepted Scott's concession regarding
his own contributory negligence.
Scott sustained his injury just before the summer holiday
and had largely recovered by the time the next term began in
September. As a result he suffered no loss of earnings.
The defendants offered £4,350 damages for his injury, taking
account of his “contributory negligence”. Scott was happy to accept
that offer. In addition, the employer paid his legal costs in
full.
For further information or if you have a work accident claim, call Andrew Morgan on 020 7861
4036 or email andrew.morgan@ffw.com
You can discuss your work accident
claim with any member of our personal injury team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.